UNIVERSAL IMPEX Vs. ELITE INTERNATIONAL

JUDGEMENT

(1.) This is an appeal preferred by the appellant M/s M/s Universal Impex against the judgment and order dated 8th February, 2007 by which the learned Addl. District Judge dismissed the civil suit bearing no.307/2004 filed by the appellant for recovery of Rs.11,24,096/- with interest @ 12% per annum.

(2.) Summons in the suit were issued, defendants were duly served and written statement had been filed. Appellant had filed its affidavit by way of evidence. Case was fixed for examination of the appellant on 12th July, 2006 when the appellant remained absent. It was adjourned to 26th September, 2006 imposing costs of Rs.250/-. Again on 26th September, 2006, appellant did not appear. Costs of Rs.1000/- were imposed and the matter was adjourned to 4th December, 2006. On 4th December, 2006, the Presiding Officer did not hold the court on account of his visit to the High Court. Matter was adjourned to 8th February, 2007 for the same purpose. On 8th February, 2007 also, appellant did not appear. It is stated that it was on account of some compelling business reasons that appellant could not appear on the said date.

(3.) The trial court taking cognizance of the absence of the appellant on 12th July, 2006, 26th September, 2006 and 4th December, 2006 by invoking the proviso of Order XVII CPC, closed the evidence holding that appellant was not entitled for more than three adjournments. It is the appellant's case before us that the third adjournment was not occasioned by him or was attributable to him in view of the court not being held on 4th December, 2006.